Telegram-herald., 1887-12-15
INFORMATION READY
SUITS AGAINST Trs RsilRoAos.
Attorney -GsasF4l xAsg.rt Ready - csn-
EeGes Proceedings 20 Protect the
st<fs's Iitls - NaaGs Iiss ally
Gr4atsd the Railroads

Attorney Genera Tsggsrt has completed
bis Information in the proposed suits % be
instituted against ths several railroads OF
this state to which II is alleged thss The
federal gogeEBneat las illegally granted
lands belonging u the State. The infor-
nation ssts forth thai IN 1850 Congress
granted TO several States. including Aiehi-
gan, the whole Of the swamp lands unsoid
GA and after September 2s Of that year;
that under the act 1t was the duty of the
secretary OF tie interior 10 make lists snd
g.ags Of such lands and transmit
them 70 the Governors, that after
making thess lists. ali legal Subdivisions
Ihe greater part whereof were wet aud unit
for cultivation we're included IN said lists
OF the character Of the lands granted. The
elect OF this vas 10 vest in the state title 10
al the swamp and oyerhowed lands and
that The righ Of the Stale 1ss thenceiOrth
asserted BY the state and recognized by the
general Goyernment.
Further the information says the method
OF listing and describing said lands was =
matter Of correspondence between the Sur
vsyor General OF the United States, the
Land Commissioner and the Governor and
that instructions were prepared by the
Commissioner OF the Land Department.
The Instructions stated that the Gct included
''all lands = hich though dFy part OF the
year are sabjec. 10 inundsLiOn al the plant
ing growing ar harvesting seasons 50 a. 10
destroy crops" The Surveyor General Of
the United states Tor the State OF Michigan
forwarded these instructions 10 the Govern
or, and asked whether The State would adopt
the filed notes OF the Survey IN the Office
OF the Surveyor General, AMI second. whether
the State authorities conclude TO have a
new survey. Governor Barry answered
taat he thought survey would give the
State greater amount of land bnI he did
not feel at liberty TO incur the expense.
The Surveyor General answered the Gov
ernor that be thought the notes would give
the State more than a new survey would
give il. He further said: These lands are
to be designated. all of them. from the
notes OF the surveyors in this Office unless
the State authorities choose To survey"
The information further shows that the
survey referred TO in the above mentioned
instructions indicated the sections which
were of swampy character and came with
in the lands conveyed by the grant of
September ., 1850; that the Legislature
June %, 1851, adopted the notes in the
Surveyor Generals Office with the legal
effect to perfect in the State COM
plete and absolute title 10 all the
lands shown by the Surveyor Generals s
minutes to be swamp and overfioWed lands
and all lands OF swsmpy nsture. 1t is also
shown that the United States Surveyor
Generol prepared plsts in accordance with
the above, which plats are on file in the
office OF the Land Commissioner and are for
the Identification of the swamp lands.
The information then goes on to show
that the act OF Congress OF June, 1883.
granting alternate sections of land to aid
Certain rallr0ada praptal Lands which bo-
longed TO the State by the act of 1880. an d
hence the roads in question hold no legal
or equitable title 10 said lands. In order TO
protect the title of the State and free the
same from the cloud it becomes necessary
for court of equity TO interfere.